Bailiff without a valid warrant of execution

[dementedfeline]

So, due to some quite spectacular council stupidity, it turns out that the nice bailiff who clamped my friend's car and threatened her with a tow truck/auction if not paid in full IMMEDIATELY, DESPITE being shown a filed OOT and told that said friend qualified as vulnerable under 3 different headings as per National Standards and car having Blue Badge/disabled rate tax did NOT have a valid warrant. Council had asked for it to be reissued to her current address but it hadn't been.

This has caused said friend so far 2 months of spectacular stress and impacted her health, not to mention me paying the bailiff as she had no money. The bailiff fees are, as you would expect, also questionable.

So, I'm expecting a full refund from the council shortly (assuming someone's found a brain cell), but other than LGO, where else can we complain regarding bailiff? NOT going down the Form 4 route, for sure. Is it worth writing to judge of certificating court to have the information on file when his certificate comes up for renewal? Ultimately will bailiff wriggle out of it by saying "well, the council told us to do it"? I'm pretty sure the LGO will spank the council, but want to make sure that the bailiff is held to account as well.

Thanks

[bluebottle]

Re: Bailiff without a valid warrant of execution

A letter to the senior judge at the bailiff's certificating court is the better route to take with regard to errant bailiffs. In your friend's case, the bailiff's actions have impacted on their health. Find out which court issued the bailiff's certificate, contact the court and ask for the name of the senior judge at the court. Also, ask if they are a District Judge or a Circuit Judge. You also need to ask for a breakdown of bailiff fees.

Once you have the information from the court, come back onto this thread for help in drafting a suitable letter.

Btw, which bailiff company is involved?

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Bluebottle, thanks. It's the wonderful Rossendales. I have a breakdown of the fees. The email from their headoffice neglects to mention the VAT that we were charged, plus on the day of the actual visit they charged a van attendance fee and a levy fee. The only "levy" was the clamping of her car and no Form 7 was given.

Will call the court tomorrow and ask for name of senior judge.

Thank you again.

[bizzybob]

Re: Bailiff without a valid warrant of execution

It just had to be Dossendales, Get that complaint in to the council and court

[bluebottle]

Re: Bailiff without a valid warrant of execution

Is it my fancy, BB, or have Rossendales gotten worse since being taken over by Marstons?

[bizzybob]

Re: Bailiff without a valid warrant of execution

Is it my fancy, BB, or have Rossendales gotten worse since being taken over by Marstons?

Marstons have probably sent McGovern to retrain the Rossendales pussycats, after Boast had to go...

[bluebottle]

Re: Bailiff without a valid warrant of execution

Marstons have probably sent McGovern to retrain the Rossendales pussycats, after Boast had to go...

McGovern and Boast are two of a kind... totally unsuitable individuals to be let loose on the public, armed with a bailiff certificate. In my honest opinion, the checks made on prospective bailiffs to establish whether they are fit and proper people are wholly and woefully inadequate. They should be made subject to an Enhanced Disclosure, not Standards, as it appears to be at present. The other thing that needs to be nipped in the bud is the practice of bailiff companies to threaten anyone who opposes a person applying for a bailiff certificate with legal action, especially if the person opposing the application has information which shows the prospective bailiff is not a fit and proper person to act as a bailiff.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff without a valid warrant of execution

I just can not believe that some cretin clamped an invalid carriage....that should be enough to make them lose the certificate.

[bizzybob]

Re: Bailiff without a valid warrant of execution

I just can not believe that some cretin clamped an invalid carriage....that should be enough to make them lose the certificate.

Sadly Sir Vere they will not take the zero VED disabled taxation class tax disc into account before they clamp and will even seize a mobility scooter

@ bluebottle "The other thing that needs to be nipped in the bud is the practice of bailiff companies to threaten anyone who opposes a person applying for a bailiff certificate with legal action, especially if the person opposing the application has information which shows the prospective bailiff is not a fit and proper person to act as a bailiff." So if I had prima facie evidence of a bailiff having form, or a provable history of assault or some other misdeed and I was as a private individual who had had no personal dealings with bailiffs, or as an advice worker or suchlike; the bailiff company would threaten me? What would the threat be,action for defamation, or engineer a reason to call?

[Inca]

Re: Bailiff without a valid warrant of execution

To get the tax exemption the OP has to be in receipt of the high rate mobility DLA.......which would also class them as vulnerable??
The icing on this cake would be if the car is leased from Motability,,they tend not to like their vehicles getting clamped or ticketted,,I know this from my spurious ticket adventure in Brighton...I challenged it..told Motability about it..(plus told them I knew of a couple of legal bods in the area (:bedjump,,,,,,,,and bish,bash,bosh ticket cancelled.

Fight this all the way OP.....it's about time ALL bailiff companies stopped bending the rules to scare the crap out of people.

[bizzybob]

Re: Bailiff without a valid warrant of execution

To get the tax exemption the OP has to be in receipt of the high rate mobility DLA.......which would also class them as vulnerable??
The icing on this cake would be if the car is leased from Motability,,they tend not to like their vehicles getting clamped or ticketted,,I know this from my spurious ticket adventure in Brighton...I challenged it..told Motability about it..(plus told them I knew of a couple of legal bods in the area (:bedjump,,,,,,,,and bish,bash,bosh ticket cancelled.

Fight this all the way OP.....it's about time ALL bailiff companies stopped bending the rules to scare the crap out of people.

Best (worse actually bailiff brute of the day, was where they allegedly levied a mobility scooter and tol;d the debtor they could use a wheelchair. Will look to see of this one is genuine or an urban myth.

[bluebottle]

Re: Bailiff without a valid warrant of execution

I just can not believe that some cretin clamped an invalid carriage....that should be enough to make them lose the certificate.

Run the bugger over with a mobility scooter, then reverse back over them just to make sure. Those mobility scooters can cause serious injury, especially the Class 3 type.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Thanks, all. Vehicle owned by friend, not Motability, but vulnerable - cancer - check, only income benefits - check, disabled - check. "Not my problem" said nice Mr Bailiff, "you'd better borrow the money if you don't want your car taken away this evening and sold in 5 days."

Just phoned court and got name of judge dealing with certificating bailiffs - it's a circuit judge.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Sadly Sir Vere they will not take the zero VED disabled taxation class tax disc into account before they clamp and will even seize a mobility scooter

@ bluebottle "The other thing that needs to be nipped in the bud is the practice of bailiff companies to threaten anyone who opposes a person applying for a bailiff certificate with legal action, especially if the person opposing the application has information which shows the prospective bailiff is not a fit and proper person to act as a bailiff." So if I had prima facie evidence of a bailiff having form, or a provable history of assault or some other misdeed and I was as a private individual who had had no personal dealings with bailiffs, or as an advice worker or suchlike; the bailiff company would threaten me? What would the threat be,action for defamation, or engineer a reason to call?

Good question, BB. As the application for granting or renewal of the bailiff certificate is a judicial process, I would hazard a guess that it could be Perverting the Course of Justice. However, it is an educated guess and the question will need to be pursued with a legal professional or HMCTS in order to obtain a more authoritative answer.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Thanks, all. Vehicle owned by friend, not Motability, but vulnerable - cancer - check, only income benefits - check, disabled - check. "Not my problem" said nice Mr Bailiff, "you'd better borrow the money if you don't want your car taken away this evening and sold in 5 days."

Just phoned court and got name of judge dealing with certificating bailiffs - it's a circuit judge.

And they are more senior than District Judges. The one at Exeter County Court is a Circuit Judge.